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The burden of proof to prove the actual species is on the government.
True technically, but not in the real world. If it were really true they wouldn't be able to arrest you and smear your name all over the media before anything is proven and you are convicted. The actual burden of proof is on the person arrested to prove his innocence in court.
As anyone who has been arrested can tell you, you're innocent until you are arrested. Then you're guilty until proven innocent.
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Re: U.S. Ebay seller of poppy pods arrested
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